Plaintiff's appeal against dismissal of a permanent injunction suit over suit schedule properties was withdrawn by memo seeking liberty for a fresh declaration suit. The court dismissed the appeal as withdrawn, extended the interim order protecting ingress and egress up to 18.12.2024 and kept all contentions open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:49237 RFA No. 1932 of 2021
IN THE HIGH COURT OF KARNATAKA BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.1932/2021 (INJ)
BETWEEN:
Digitally signed by LEELAVATHI S R Location: HIGH COURT OF KARNATAKA
PRATHAMESH APARTMENTS CO-OPERATIVE HOUSING SOCIETY LIMITED, NO.140/B/4, 9TH CROSS, MALLESHWARAM, BENGALURU-560003 BY ITS SECRETARY SRI L.M. MURALIDHARAN S/O. MADAN GOPAL, AGED ABOUT 39 YEARS R/AT NO.04, FRUIT STREET KAMRAJ ROAD, BANGALORE-560001
REPRESENTED BY GPA HOLDER, SRI B. SATHYAMURTHY S/O. P.T. BHUPALAN, AGED ABOUT 64 YEARS, R/AT 10TH B MAIN ROAD, 3RD BLOCK, JAYANAGAR, BANGALORE-560011. …APPELLANT (BY SRI RAVI SHANKAR A., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI PRAKASH B.N., ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41, RULE 1 READ WITH SECTION 96 OF CODE OF CIVIL PROCEDURE, 1908, PRAYING TO (A) CALL FOR THE ENTIRE RECORDS FROM THE COURT BELOW TO EXAMINE THE LEGALITY, VALIDITY, CORRECTNESS AND THE PROPRIETY OF THE SAID JUDGMENT AND DECREE DATED 26.08.2021 PASSED IN O.S.NO.6221/2020 PASSED BY XIV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH-28); (B) SET ASIDE THE JUDGMENT AND DECREE DATED 26.08.2021 PASSED BY THE XIV ADDITIONAL CITY CIVIL JUDGE, BENGALURU, IN O.S.NO.6221/2020 AND CONSEQUENTLY DECREE THE SUIT IN FAVOUR OF THE APPELLANT/PLAINTIFF; AND DECREE THE SUIT.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL/CAV JUDGMENT
interim order of status-quo on 01.12.2023, which reads as under:
“Matter was originally directed to be posted on 12.01.2024.
At the instance of appellant, the matter is moved along with two applications viz., I.A.1/2023 for production of additional
NC: 2024:KHC:49237 RFA No. 1932 of 2021
documents and I.A.2/2023 for consideration of I.A.1/2021 filed by the appellant for temporary injunction.
In the affidavit filed in support of I.A.2/2023, the appellant contends that taking advantage of the fact that there is no interim order passed in the present appeal, the respondents are attempting to dig and put-up illegal and unauthorized construction on the suit ‘C’ schedule property and are trying to block ingress and egress of the appellant – plaintiff to suit ‘B’ schedule property.
In support of its contentions, the appellant has produced photographs, which depicts that the alleged suit ‘C’ schedule property, which according to them is being used for ingress and egress.
Per contra, learned counsel for respondent Nos.1, 2 and 4 – defendants submits that the respondents would dispute the said submission and contends that there is no merit in the applications and the same are liable to be dismissed.
A perusal of the material on record will indicate that there is a dispute with regard to right, title, interest and possession of both
NC: 2024:KHC:49237 RFA No. 1932 of 2021
sides over the suit schedule properties, which would necessarily have to be decided on merits at the time of final hearing of the appeal.
Trial Court Records are received.
Paper books are filed.
Learned counsel for both sides submit that they are ready to argue the matter on merits.
Re-list on 18.12.2023 at 02.30 P.M. with an understanding that the matter would be taken up for final disposal on that day.
Meanwhile, without prejudice to the rights and contentions of the parties, respondents are directed not to obstruct the ingress and egress of the appellant over the alleged suit ‘C’ schedule property as depicted in the photographs 1 and 2 produced by the appellant and not to dig and put-up any construction thereon, till the next date of hearing.
Liberty is reserved in favour of respondents to seek vacation / modification of this order.”
continues to remain in force and operates between parties even till today.
memo seeking for withdrawal of the appeal, which reads as under:
“1. The Appellant / Plaintiff prays that the Hon'ble Court be pleased to permit them to withdraw the above Appeal, with liberty to file a fresh suit for Declaration with respect to the road in dispute and seek for other consequential reliefs.
2. The interim order of status-quo granted by this Hon'ble Court be extended for a period of 90 days, to enable the Plaintiff / Appellant to approach the jurisdictional Civil Court.”
the grant of any liberty in favour of the appellant as sought for in the memo.
NC: 2024:KHC:49237 RFA No. 1932 of 2021
is dismissed as withdrawn.
01.12.2023 passed in the present appeal shall continue to remain in force and operate between the parties up to 18.12.2024.
application(s) without being influenced by the
findings/observations recorded in the present order.
are kept open and no opinion is expressed on the same.
stands disposed off .
Sd/(S.R. KRISHNA KUMAR) JUDGE
SBS List No.: 19 Sl No.: 1
2 issues framed by the court
Should the appeal be permitted to be withdrawn with liberty to file a fresh suit for declaration regarding the disputed road?
How long should the interim status-quo order protecting ingress and egress remain in force?
1 provisions across 1 enactments
Prathamesh Apartments Co-operative Housing Society Limited
G. Narasimha Murthy
D.B. Sathish
Anand V. Asnotikar
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
